Will of Thomas Denne

of Sturry, Kent

Source: Archdeaconry Court of Canterbury Vol.103 folio 279
Transcribed by Brian Denn
In the name of God Amen, I Thomas Denne of Whatmer Hall in the parish of Sturry in the County of
Kent, Gentleman being of sound perfect and disposing mind memory and understanding (praised be
God for the same) do make publish and declare this my last Will and Testament in manner and form
following. Whereas I am seized and possessed of diverse(?) messuages lands tenements hereditaments
and real estate and also of certain goods chattels monies securities for money and other personal estate
now I do hereby give devise and bequeath the same and every part and parcel thereof (subject to the
payment of all my just debts funeral expenses and the charges and expenses of proving this my last
Will and Testament) in manner and form following (that is to say)

I give devise and bequeath unto my
son in law Edward Blaxland of Dully and Elizabeth his wife and to their heirs executors administrators
and assigns one full equal undivided fifth part or share of and in my messuages lands tenements
hereditaments and real estate and of and in my said goods chattels monies securities for money and all
other my said personal estate.

Also I give devise and bequeath unto my son in law Edward Blaxland of
Ospringe and Sarah his wife and to their heirs executors administrators and assigns one other full equal
undivided fifth part or share of and in my said messuages lands tenements hereditaments and real estate
and of and in my said goods chattels monies securities and all other my said personal estate.

Also I give
devise and bequeath unto my son in law William Adams and Hester his wife and to their heirs
executors administrators and assigns one other full equal undivided fifth part or share of and in my said
messuages lands tenements hereditaments and real estate and of and in my said goods chattels monies
securities and all other my said personal estate.

Also I give devise and bequeath unto my son in law
John Lake and Ann his wife and to their heirs executors administrators and assigns one other full equal
undivided fifth part or share of and in my said messuages lands tenements hereditaments and real estate
and of and in my said goods chattels monies securities and all other my said personal estate.

Also I give
devise and bequeath unto my son in law Samuel Chambers Furmstone and my nephew Henry Denne of
Littlebourne Court in the County of Kent, Gentleman and to their heirs executors administrators and
assigns the other and remaining one full equal undivided fifth part or share of and in my said
messuages lands tenements hereditaments and real estate and of and in my said goods chattels monies
securities and all other my said personal estate. Upon trust nevertheless and to the intent and purpose
that they the said Samuel Chambers Furmstone and Henry Denne and the survivor of them and their
heirs executors and administrators of such survivor shall and do stand seized and possessed of the said
last mentioned fifth part of and in my said real and personal estate for and to and for the sole and only
use and benefit of my two grandsons (sons of my said son in law Samuel Chambers Furmstone by
Mary my late daughter and his late wife deceased) Thomas Furmstone and Samuel Furmstone equally
to be divided between them share and share alike as tenants in common and not as joint tenants and to
their several and respective heirs executors administrators and assigns to be conveyed assigned and
transferred unto them my said grandsons at their respective ages of twenty one years but if either of
them shall die before that age unmarried then I give the share of him so dying in my said real and
personal estate to the survivor of them his heirs executors and administrators.

Provided always and I do
hereby express my will and desire to be that it shall and may be lawful and I do hereby absolutely
empower the said Samuel Chambers Furmstone and Henry Denne or the survivor of them or the heirs
executors and administrators of such survivor at their or his discretion to fall or call in all or any part of
my said last mentioned fifth part of and in my said real and personal estate or any of them or any part
or parts thereof and to lay out and invest the monies arising therefrom on real securities good and
sufficient mortgages or in some of the public funds and from time to time to transpose and alter such
funds and securities. And my will is that the said Samuel Chambers Furmstone and Henry Denne and
the survivor of them and the executors and administrators of such survivor shall stand and be possessed
of and interested in such securities or funds and the monies placed thereon upon trust to pay and apply
or assign and transfer the same respectively unto my said grandsons Thomas Furmstone and Samuel
Furmstone equally to be divided between them share and share alike and to their respective executors
administrators and assigns to be paid assigned and transferred unto them respectively when and as soon
as they shall attain their respective ages of twenty one years or to the survivor of them his heirs
executors and administrators in the manner before mentioned.

Provided also and upon this further trust
that they the said Trustees or the survivor of them his executors and administrators shall and do in the
mean time and until my said grandsons shall attain their respective ages of twenty one years pay and
apply all the yearly rents dividends interests and proceeds of the said last mentioned fifth part of and in
the said messuages lands tenements hereditaments and real estate and of and in the said goods chattels
monies securities and all other my said personal estate or of such part thereof as shall be necessary for
that purpose for and towards the maintenance education and bringing up and for the advancement in
the world of my said grandsons until their respective shares and interests therein shall become payable
by virtue of this my will notwithstanding the said Samuel Chambers Furmstone their father may be
alive and able to maintain them. And for facilitating such sale or sales my will is that the receipts or
receipt of the said Samuel Chambers Furmstone and Henry Denne or the survivor of them or the heirs
executors or administrators of such survivor shall from time to time be a good and sufficient discharge
to the purchaser and purchasers of all or any part of my said last mentioned fifth part of and in my said
real and personal estate and his her or their respective heirs executors and administrators for so much of
the said purchase money as therein is acknowledged to be received and that such purchaser or
purchasers his or their heirs executors and administrators or any of them shall not afterwards be
answerable or accountable for any loss or misapplication of such purchase money so received or any
part thereof. And also that the receipt or receipts of the said Samuel Chambers Furmstone and Henry
Denne or the survivor of them or the executors or administrators of such survivor shall from time to
time be a good and sufficient discharge to my executors hereinafter named for any part of my said
personal estate which shall be paid to the said Samuel Chambers Furmstone and Henry Denne and the
survivor of them his executors or administrators.

And I do hereby make nominate constitute and
appoint the said Edward Blaxland of Dully, Edward Blaxland of Ospringe, William Adams, John Lake
and Samuel Chambers Furmstone the joint Executors of this my last Will and Testament. And I do
hereby declare my mind and will to be that it shall and may be lawful to and for my said Trustees and
Executors and their respective heirs executors and administrators by and out of all or any of the monies
which by virtue of this my will or any trust therein declared shall come to their ? or either of their
hands to deduct retain to and reimburse themselves and himself all such reasonable costs charges and
expenses as they respectively shall or may sustain expend or be put unto in or about the execution of
this my will and also that my said Trustees and Executors and their respective heirs executors and
administrators shall be charged and chargeable only each and every of them for and with his and their
own respective payments acts and wilful defaults and not otherwise and shall not be charged or
chargeable with or for any loss or damage which may happen in or about the execution of all or any of
the trusts hereby in them reposed without his or their respective wilful defaults.

And lastly hereby
revoking all former wills by me made I declare this only to be my last Will and Testament. In witness
whereof I the said Thomas Denne the Testator have to this my last Will and Testament in four sheets of
paper contained to the first three sheets thereof set my hand and to the fourth and last sheet thereof my
hand and seal this twentieth day of October in the thirty ninth year of the Reign of our Sovereign Lord
George the Third by the Grace of God of Great Britain France and Ireland King Defender of the Faith
and so forth and in the year of our Lord one thousand seven hundred and ninety nine.
Signed sealed published and declared by the said Thomas Denne the Testator as and for his last Will
and Testament in the presence of us who at his request and in his presence and in the presence of each
other have hereunto subscribed our names as witnesses. Ann Elfick, Mary Hills, J B Plummer

February ? 1800. Edward Blaxland of Dully, Edward Blaxland of Ospringe, William Adams, John
Lake and Samuel Chambers Furmstone the Executors named in this will were duly sworn as equal and
that the goods chattels and grain(?) do not amount in value to the sum of ten thousand pounds. Before
me Joshua Dix(?) Surrogate.